---
kind: "section"
citation: "36 C.F.R. § 254.6"
title: "36"
number: "254.6"
heading: "Segregative effect."
url: "https://uscodex.org/cfr/36/254.6"
---

# §254.6. Segregative effect.

- (a) If a proposal is made to exchange Federal lands, the authorized officer may request the appropriate State Office of the Bureau of Management (BLM) to segregate the Federal lands by a notation on the public land records. Subject to valid existing rights, the Federal lands shall be segregated from appropriation under the public land laws and mineral laws for a period not to exceed 5 years from the date of record notation.
- (b) Any interests of the United States in the non-Federal lands that are covered by the exchange proposal may be noted and segregated from appropriation under the mineral laws for a period not to exceed 5 years from the date of notation.
- (c) **The segregative effect terminates as follows—**
  - (1) Automatically, upon issuance of a patent or other document of conveyance to the affected lands;
  - (2) On the date and time specified in an opening order, published in the Federal Register by the appropriate BLM State Office, if a decision is made not to proceed with the exchange or upon removal of any lands from the exchange proposal; or
  - (3) Automatically, at the end of the segregation period not to exceed 5 years from the date of notation on the public land records, whichever occurs first.

## Notes

### Authority

Authority: 7 U.S.C. 428a(a) and 1011; 16 U.S.C. 484a, 485, 486, 516, 551, 555a; 43 U.S.C. 1701, 1715, 1716, 1740.

### Source

Source: 59 FR 10867, Mar. 8, 1994, unless otherwise noted.